A sign advertises a public hearing on a zoning change that has raised questions about a conflict of interest and the impact on schools.(Photo: The Cincinnati Enquirer | Julia Fair)

The fate of a Northern Kentucky man's businesses deal was in the hands of a government entity he heads.

It was June 6, at a meeting of the Kenton County Planning Commission. That commission was weighing in on a zoning change needed to build an apartment complex in Fort Mitchell.

The co-investor in the complex? Paul Darpel, the chairman of the planning commission.

Darpel recused himself from the vote. He was open about his role in it; he and a friend from college were the investors.

"I don't do anything behind closed doors," he told The Enquirer.

But the dual role - chairman and investor - nonetheless has raised questions about the apartment complex, which had already caused some consternation from neighbors worried about its impact on schools.

When former Fort Mitchell Mayor Bill Goetz caught wind of the application, he warned Jeff Bethell - who represents Fort Mitchell on the planning commission - the situation smelled, according to emails obtained by The Enquirer via public records request.

“Given his capacity as chairman and the alliances he has established with various members of the commission I seriously question whether the commission as a whole can render an unbiased decision on the matter,” Goetz wrote. “I don’t mean to question the integrity any members of the commission, but close friendships are close friendships.”

To “eliminate any question of impropriety,” Goetz suggested the entire 19-membercommission refrain from making a recommendation and leave it to the Fort Mitchell City Council to make its decision without the commission's input.

The luxury apartment complex

Darpel partnered with his friend from college to build a luxury 106-unit apartment complex in the top-ratedBeechwood School District.

Despite an unfavorable report from county staff about Darpel's request and questions about an appearance of a conflict of interest, The Kenton County Planning Commission recommended the zoning change be approved.

The Fort Mitchell City Council has the final say at its July 1 meeting since the land is within city limits.

The records reviewed by The Cincinnati Enquirer did not show if Bethell replied to the former mayor's email.

Darpel and his friend, David Noll, hope to build three buildings to make a 106-unit apartment complex at 260 Grandview Drive in Fort Mitchell. They estimate a one-bedroom unit could cost around $1,100 a month but it is unclear how much the development project will cost to build.

The area is not zoned for that type of development. For Darpel and Noll to be successful in their business venture, they need the area to be re-zoned from a single-family zone and a professional office zone to a multi-family residential zone.

At the June 6 Planning Commission meeting, Darpel's fellow commissioners reviewed the application. Darpel himself was not there, since he'd recused himself from the decision-making process.

A staff report shows proposed boundaries for the 106-unit apartment complex in Fort Mitchell.(Photo: Provided | Planning and Development Services of Kenton County)

The Planning and Development Services of Kenton County - the professional staff - recommended that Darpel and his friend's request be denied.

The site is designated for commercial use, the staff report reads. The report called the proposed use "inappropriate."

The report cited the comprehensive plan which suggests that the impact on schools be considered during decision-making processes. Data provided supports parent concern that the schools may not be able to handle quick growth.

The Beechwood Elementary School, which is where any kids living in the proposed complex would attend, has room for 40 more kids before it hits capacity, according to the report. The high school can enroll 89 more kids.

But the commission's lawyer, Matt Smith, cautioned the board in using that information in its decision-making process.

He argues the Planning Commission would be violating the Fair Housing Act if the project was turned down because families with school-age children may live there.

Overcrowding concerns

Beechwood School District parents worry the quick development could lead to overcrowded classrooms in the elementary and high school that near capacity.

“Overcrowded schools are not good for kids,” said Anne Thompson, a Beechwood Schools parent in an interview with The Cincinnati Enquirer.

Thompson is on the Beechwood School site-based committee for the elementary school. As a member of that committee, Thompson knows that the grades 4, 5 and 6 were at capacity for the 2018-2019 school year. That includes students who pay out-of-district tuition, Thompson said.

Thompson said it's “unethical,” for Darpel to put the commissioners in the position to vote for a business deal he’s affiliated with.

Darpel knew the impact on schools would be the biggest obstacle in obtaining the zoning change approval, he said in an interview. So, he said he approached the Beechwood School District about redistricting the land to be in the Kenton County School District.

“I’m not even sure if our board can make that vote legally,” said Superintendent of Beechwood Independent Schools Mike Stacy.

Stacy expressed concern over the “political fallout” that could follow that maneuver and added that it’s “not something counties do.”

His concerns, in addition to the parents’, is the infrastructure around the school district. They ask if the roads and sidewalks could handle the growth that the complex would bring.

Mike Schoech’s daughter will start 10th grade this fall at Beechwood High School. He’s not against development or new housing, he said.

“It just has to be planned smartly in conjunction with the city and the school district,” he said. If the city is anticipating new families coming to the area, then the city should be able to plan for it to accommodate all students, he said

Conflict of interest concerns

Darpel believed The Kenton County Planning Staff’s unfavorable review of his application had something to do with his title of chairman.

“I think staff does a good job for Kenton County,” said Darpel in an interview with The Enquirer. “I think they were quite frankly probably maybe overly scrutinized because of my position. I do feel that way.”

Darpel has been on the commission for at least 16 years, he says. He’s also a real estate and development lawyer and puts together economic development deals for clients.

When those clients need to appear in front of the commission he chairs, he recuses himself, he says.

This time, he wanted to be an investor and doesn’t think his position should ban his involvement. He says it would have been “easy” to keep his name off the application but wanted to be transparent about his role.

“I don’t do anything behind closed doors, I don’t do anything that way. This particular project is a great project and I wanted to be a part of it,” said Darpel.

Julia is the new Northern Kentucky government reporter through the Report For America program. Do you know something she should know? Send her a note at jfair@enquirer.com and follow her on twitter at @JFair_Reports.